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CHAMPIONING THE FIRST AMENDMENT --
& VINDICATING THE PUBLIC'S RIGHTS
“‘The First Amendment goes beyond protection of the press..’…‘it is the right of
the [public], not the right of the [media], which is paramount,’...for ‘without
the information provided by the press most of us and many of our representatives
would be unable to vote intelligently or to register opinions on the
administration of government generally,’…”
Cohen v. Cowles Media Co., 501 U.S.
663, 678 (1991), Justice Souter, writing in dissent with Justices Marshall,
Blackmun, and O’Connor, citing cases culminating in New York Times Co. v.
Sullivan, 376 U.S. 254, 278-279 (1964), cited in “Journalistic
Malpractice: Suing Jayson Blair and the New York Times for Fraud and Negligence”,
14 Fordham Intellectual Property, Media & Entertainment Law Journal 1, footnotes
62 and 156 (2003).
Gannett's Journal
News Sued
for Libel &
Journalistic Fraud in New First Amendment Case,
Westchester
Guardian, October 21, 2010
CJA'S Public
Interest Lawsuit vs GANNETT
Summons with Notice
Notice of Appearance & Demand for Complaint by Gannett attorney's Satterlee,
Stephens, Burke & Burke, LLP
Verified Complaint
Exhibit 1a: Elena Sassower’s published article “Without Merit: The Empty
Promise of Judicial Discipline”, The Long Term View (Massachusetts
School of Law), Vol. 4, No. 1: Summer 1997
Exhibit 1b: “True Believers”, Westchester County Weekly, March
19, 1998
Exhibit 1c: “Delfino – Nicoletti – Sassower
White Plains Persons of the Year”,
White Plains CitizeNetReporter, January 3, 2005
Exhibit 1d: Doris Sassower’s Martindale-Hubbell Law Directory Listing,
1989
Exhibit 1e: Doris Sassower’s front-page article “Judicial
Selection Panels: An Exercise in Futility?”, New York Law Journal,
October 22, 1971
Exhibit 1f:
Giraffe Project Press Release -- "A Giraffe's been sighted in your territory!",
with October 21, 1997 Commendation to Doris Sassower
Exhibit 2a: Elena Sassower’s April 4, 1992 fax to Gannett Suburban
Newspapers – “RE: Your Libelous and Malicious story appearing in today’s
newspaper – Saturday, April 4, 1992”
Exhibit 2b: Doris Sassower’s April 4, 1992 fax to Gannett Suburban
Newspapers – “RE: Your latest libelous and malicious story appearing today,
Saturday, April 4, 1992”
Exhibit 3a: Doris L. Sassower’s October 26, 1992 Summons with Notice
against Gannett
Exhibit 3b: Elena Sassower’s December 5, 1995 letter to Richard Liebson,
Columnist/Gannett Suburban Newspapers – “RE: Gannett’s follow-up to Sea Star”
Exhibit 3c: Elena Sassower’s December
6, 1995 letter to Nancy Blair, Local Editor/Gannett Suburban Newspapers
Exhibit 3d: December 21, 1995 letter from Gannett Suburban Newspaper
attorneys Satterlee, Stephens, Burke & Burke, LLP – “Re: Sassower v. Gannett
Exhibit 4a: “ACCURACY”, The Journal News, May 6, 2009 issue, page
2
Exhibit 4b: “Corrections”, www.lohud.com, May 6, 2009, accessible via
“Contacts-Reader Services”
Exhibit 5: LoHud.com: “Comments for White Plains woman heckles city
judge during confirmation”, May 10, 2009
Exhibit 6: CJA’s July 14, 2009
letter to CynDee Royle – “RE: (1) Retraction of The Journal News’
knowingly false and defamatory May 6, 2009 article ‘Hecklers try to derail
new city judge’/‘White Plains woman heckles city judge during
confirmation’; (2) Journalistic expose of the issue of legitimate
public concern the article purposefully concealed, to wit, the corruption of the
judicial appointment process by which White Plains gets its City Court Judges,
as established by primary-source documentary evidence”
Exhibit 7: CJA's analysis of article
Exhibit A: "Hecklers try to derail new city judge"
(newspaper);
"White Plains woman heckles city judge during confirmation"
(website)
Exhibit B:
CJA's March 20, 2009 letter to Corporation Counsel Dunphy (by Elena
Sassower)
Exhibit C:
CJA's March 23, 2009 letter to Mayor Delfino (by Elena Sassower)
Exhibit D:
CJA's April 30, 2009 memo to Mayor & Common Council (by Elena Sassower)
Exhibit E:
CJA's May 4, 2009 letter to Mayor (by Elena Sassower)
Exhibit F:
CJA's May 4, 2009 e-mail (from Doris Sassower) to Mayor & Common Council
Exhibit G: Elena Sassower's May 5, 2009 e-mails to Journal News
Editor
Fredericks
Exhibit H: "More light on 'sunshine'", editorial,
March 22, 2009;
CJA's March 22, 2009 blog entry (by Doris Sassower)
CJA's March 22, 2009 e-mail letter to editor, proposal for coverage (by Doris
Sassower)
Exhibit I: "Council's
actions questioned" (newspaper), May 14, 2009, Keith Eddings
"State: White Plains Common Council's executive session on the budget was
illegal"
(website) "Wrong advice", May 15, 2009,
editorial
Exhibits J: "Party
chief contacts White Plains Dems over schools race", May 14, 2009, Keith
Eddings
Exhibit K:
"Awards and Contest Winners", pp. 1-2 of webpage from lohud.com website
Exhibit 8: CJA’s August 18, 2009
letter to CynDee Royle, with copies to Faubel, Fredericks, and Eddings – “RE:
CJA’s July 14, 2009 letter to you: 1. Retraction of The Journal News’
knowingly false and defamatory May 6, 2009 article ‘Hecklers try to derail
new city judge’/‘White Plains woman heckles city judge during
confirmation’; 2. Journalistic expose of the issue of legitimate public
concern the article purposefully concealed, to wit, the corruption of the
judicial appointment process by which White Plains gets its City Court Judges,
as established by primary-source documentary evidence”
Exhibit 9: CJA’s October 27, 2009
e-mail to CynDee Royle, with copies to Freeman, Faubel, Fredericks, and Eddings
– “Subject: Elections: Common Council & Mayor – Retraction/Journalistic Expose,
Etc.”
CJA's
"Paper Trail" of Gannett's Suppression, Protectionism, & Blackballing
Satterlee's Request for Judicial Intervention,
dated October 22, 2010
Satterlee's October 22, 2010 Notice of Motion to Dismiss
Affidavit of Meghan H. Sullivan, Esq., sworn to October 22, 2010
-- Exhibit A: "true and correct copy of the transcript of Elena Ruth
Sassower's sentencing hearing on
June 28, 2004 before Judge Brian Holeman of the Superior Court of the District
of Columbia"
-- Exhibit B: "true and correct copy of the July 6, 2006 Decision and
Order in Sassower v. The New York
Times Co., No. 05-19841 (Sup. Ct. Westchester Co.)"
Affidavit of Emily S. Smith, Esq., sworn to October 22, 2010
-- Exhibit A: "true and correct copy of the Verified Complaint and its
exhibits"
Satterlee's
Memorandum of Law, dated October 22, 2010
Plaintiffs'
Notice of Cross-Motion, dated November 29, 2010
Plaintiff Elena Sassower's moving affidavit, sworn to November 29, 2010
Ex. 10: Video of May 4, 2009 White Plains Common Council Meeting
Ex. 11a: transcript of U.S. Senate Judiciary Committee’s May 22, 2003
hearing
to confirm the nomination of Richard Wesley to the Second Circuit Court of
Appeals
Ex. 11b: Elena Sassower’s July 7, 2003 analysis of the video and
transcript
Ex. 12: Plaintiffs’ April 23, 2007 appellants’ brief in Sassower v. The
New York Times
Ex. 13: Elena Sassower’s written oral argument to the Appellate
Division, Second Department
on December 14, 2007 in Sassower
v. The New York Times
Ex. 14: Appellate Division’s February 5, 2008 decision in Sassower
v. The New York Times
Ex. 15a: Affidavits of Service for Summons with Notice: August 31, 2010
Ex. 15b: Affidavit of Service for Verified Complaint: October 4-6, 2010
Ex. 16: “Journalistic Malpractice: Suing Jayson Blair and the New
York Times for Fraud and Negligence”,
by Professor Clay Calvert and Robert D. Richards,
11 Fordham Intellectual Property, Media & Entertainment Law Journal, 1
(2003)
Ex. 17: “Institutional Reckless Disregard for Truth in Public
Defamation Actions Against the Press”,
by Professors Randall P. Bezanson & Gilbert Cranberg, 90 Iowa Law Review
887 (2005)
Ex. 18: Satterlee website print-out:
(a) Our Approach;
(b)
Practice Area in Media Law;
(c) credentials of Mark A.
Fowler, Esq;
(d)
credentials of Meghan H. Sullivan, Esq.
Plaintiffs' Memorandum of Law in Opposition to Defendants' Dismissal Motion & in
Support of Cross-Motion, dated November 29, 2010
Satterlee's "Reply Memorandum of Law in Further Support of Defendants' Motion to
Dismiss Complaint", dated December 8, 2010
Affidavit of Meghan H. Sullivan, Esq., sworn to December 8, 2010
Affidavit of Minnie Stanley, sworn to December 7, 2010
Plaintiffs' Reply Memorandum of Law in Further Support of their Cross-Motion,
dated December 15, 2010
Plaintiff Elena Sassower's Reply Affidavit, sworn to December 16, 2010
Plaintiff Elena Sassower's
January 5, 2011 letter to Suffolk Supreme Court Justice Peter Fox Cohalan -- "RE: Plaintiffs' Opposition/Cross-Motion & Reply: Rule 5.1
of New York Rules of Professional Conduct: 'Responsibilities of Law Firms,
Managers and Supervisory Partners"
Calendar Clerk's notice of oral argument: February 23, 2011 -- 9:30 a.m.
Plaintiff Elena Sassower's February 18, 2011 letter to Justice Cohalan -- "RE:
February 23, 2011 Oral Argument: Motion & Cross-
Motion"
Plaintiff Elena Sassower's April 18, 2011 letter to Justice Cohalan -- "RE: May 4,
2011 Oral Argument: Motion & Cross-Motion"
June
1, 2011 ORAL ARGUMENT --
TRANSCRIPT
Justice Peter Fox Cohalan's fraudulent September 22, 2011 decision
------------------------------------------------------------------------
Plaintiffs' December 20, 2011 Notice of Appeal
-------------------------------------------------------------------------
Plaintiffs' December 21, 2011 notice of motion for
disqualification/disclosure, vacatur, reargument/renewal & other relief,
with plaintiff Elena Sassower's moving
affidavit
Ex. 20: September 22, 2011 short-form order, filed October 20, 2011
Ex. 21a: Satterlee’s November 7, 2011 “notice of entry”
21b: Elena Sassower’s December 2, 2011 e-mail to Satterlee
21c: Satterlee’s December 2, 2011 e-mail
21d: Elena Sassower’s December 5, 2011 e-mail to Satterlee
21e: Satterlee’s December 12, 2011 e-mail
21f: Elena Sassower’s December 12, 2011 e-mail
Ex 22: Transcript of June 1, 2011 oral argument
Ex. 23: Plaintiffs’ analysis of Justice Cohalan’s September 22, 2011
short-form order
Ex. 24a: Plaintiff CJA's June 14, 2011 transmittal letter to then Appellate
Division, Presiding Justice Gail Prudenti
24b: Plaintiff CJA's June 14, 2011 letter to then Chief Administrative
Judge Ann Pfau
Attachments:
Attach: #1 December 7, 2007 and September 23, 2008
Administrative Orders
Attach: #2 “Introduction” and “Questions Presented” from
three appeal briefs
Attach: #3 March 16, 2011 letter to Appellate Division Panel
Justices:
(Peter) Skelos, Eng, Hall, Lott
Attach: #4: May
23, 2011 letter to Governor Cuomo, Senate Majority Leader (Dean) Skelos,
Assembly Speaker Silver, and Chief Judge Lippman
Ex. 25a: Plaintiff CJA's transmitting August 23, 2011 e-mail
25b: Plaintiff CJA's August 23, 2011 letter to then Chief Administrative Judge
Pfau
Enclosure #1
Ex. 26: Executive Summary to plaintiff CJA's October 27, 2011 Opposition
Report
to Governor Cuomo, Senate Majority Leader Skelos, Assembly Speaker Silver,
and Chief Judge Lippman
Ex. 27: Plaintiff Elena Sassower’s January 5, 2011 letter to Justice
Cohalan, with exhibits
Ex. 28: Plaintiff Elena Sassower’s May 3, 2011 letter to Justice Cohalan,
enclosing May 3, 2011 letter to Satterlee, with e-mail receipt
Ex. 29: Plaintiff’s proposed Fourth Cause of Action for Institutional
Reckless Disregard
for Truth, with “WHEREFORE” clause.
Plaintiffs' December 21, 2011 Memorandum of Law
Defendant's December 27, 2011 Judgment & Bill of
Costs
Court's December 28, 2011 notice of oral argument
on January 25, 2012
Satterlee's January 11, 2012 Opposing Memorandum of Law
Satterlee's January 11, 2012 Affidavit
Ex 1: Sassower v. New York Times:
July 5, 2006 decision
September 27, 2006 decision
Ex 2:
Sassower v. Commission on Judicial Conduct of the State of New York:
January 31, 2000 decision
Ex. 3: Mancusi v. NY Post, 6 Med. L. Rptr 1786 (Queens S.Ct
1980)
Ex. 4: Wilkins v. NY Post, 32 Med L. Rptr 1567 (Manhattan S.Ct 2003)
Plaintiff Elena Sassower's February 10, 2012 Affidavit in Reply & in Further
Support of Motion
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